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Initiative and 
Referendum 


SUPPLEMENT, FEBRUARY 15, 1909. 



Compiled by 

C. B. QALBREATH, State Librarian 



J. F. McQREW 


Board of Library Commissioners 

CHARLES ORR JOHN McSVVEENEY 


20 


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Springfield, Ohio: 

The Springfield Publishing Company, 
State Printers; 

1909. 












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Initiative and Referendum 




Since the publication of a pamphlet one year ago on the Initiative 
and Referendum, there have been developments of interest to the stu¬ 
dents of direct legislation. Some of these are here noted to bring the 
subject down to date. 


Maine and Missouri. 

At the last general election amendments providing for direct legisla¬ 
tion were carried in Maine and Missouri; in the former state by a vote 
of 53,785 to 24,543, and in the latter by a vote of 177,615 to 147,290. 
The texts of these amendments will be found in the pamphlet published by 
the State Library one year ago. 


Ohio. 

The initiative and referendum resolution, introduced into the Ohio 
Senate January 3, 1908, by Hon. W. L. Atwell, passed that body and 
went to the House, where it was referred to the Judiciary Committee. 
It was reported back in amended form. After extended discussion and 
further amendment it passed the House March 19, yeas 100, nays 16, in 
the following form: 

Be it resolved by the General Assembly of the State of Ohio: 

Section i. That a proposition be submitted to the electors of this 
State at the next election for the members of the General Assembly to 
amend Section i or Article 11 of the Constitution of the State of Ohio so 
as to read as follows: 


Article H. 

Sec. I. The legislative power of this State shall be vested in a gen¬ 
eral assembly, which shall consist of a Senate and House of Representa¬ 
tives ; but the people reserve the right to enact or reject at the polls any 
law or part of a law which has been passed by the General Assembly, or 
any proposed law which, having been introduced by a member of the Gen¬ 
eral Assembly, has failed to pass or having passed has been vetoed by the 
Governor, or has not passed the General Assembly without amendment. 
No proposed law shall contain more than one subject, which shall be 



4 


INITIATIVE AND REFERENDUM. 


clearly and fully expressed in its title; and no law shall be revised or 
amended unless the new act contain the entire act revised or the section 
or sections amended; and the section, or sections, so amended, shall be 
repealed; and these provisions shall be mandatory. 

No law or part of a law passed by the General Assembly (except 
such laws as are necessary for the immediate preservation of the public 
peace, health or safety and which are termed emergency measures and 
which shall require a two-thirds vote of each house, or laws necessary to 
suppress insurrection or repel invasion or laws carrying appropriations 
for the current expenses of the State institutions and State officers) shall 
become operative in less than ninety days after the adjournment of the 
session of the General Assembly at which the act was passed. 

If, before the expiration of ninety days after the adjournment of any 
session of the General x'Vssembly, petitions are filed with the Secretary of 
State, signed by five per cent, of the electors of the State, requesting a 
popular vote upon any act or part of an act of such session of the General 
Assembly, the same shall be submitted for the approval or rejection of 
the electors of the State at the first election held on the first Tuesday after 
the first Monday in November, in the even numbered years, which occurs 
thirty days or more after the filing of said petitions, and all acts or parts 
of an act upon which a popular vote may be required shall remain in 
abeyance until such vote is taken. 

If, not less than forty-five days before any election occurring on 
the first Tuesday after the first Monday in November, in the even num¬ 
bered years, petitions are filed with the Secretary of State, signed by ten 
per cent, of the electors of the State, requesting a popular vote upon any 
measure introduced by any member of the General Assembly at the last 
preceding session of the General Asisembly, which has failed to pass, or, 
having passed, has been vetoed by the governor or has not been passed 
by the General Assembly without amendment, the same shall be sub¬ 
mitted for approval or rejection by the electors of the State at such 
election. 

Any act passed by the General Assembly and submitted to a direct 
vote shall take effect and become a law unless a majority of the votes cast 
at such election are cast against such act; and any measure rejected by 
the General Assembly, or passed. by the General Assembly and vetoed 
by the Governor, or not passed by the General Asisembly without amend¬ 
ment, and which is submitted to a direct vote, shall take effect and be¬ 
come a law if a majority of the votes cast at such election are cast for 
such measure.. 

The Secretary of State shall within 6o days canvass the vote and the 
result thereof and shall transmit the same to the Governor; the Governor 
shall, wfithin lo days after transmission to him, issue a proclamation of the 
result of the vote, and the act of the electors in the vote on rejecting or 
enacting laws shall take effect at the expiration of ten days from the date 


INITIATIVE AND REFERENDUM. 


5 


of such proclamation unless said proposed law shall expressly provide 
that it shall take effect at a later date. 

Nothing herein shall in any way be held to abrogate or affect the right 
or power of the General Assembly to repeal or amend any act or law 
however enacted; or of the courts to pass upon the constitutionality 
thereof. 

The whole number of votes cast for Governor at the State election^ 
last preceding the filing of petitions shall be the basis on which to deter¬ 
mine the required number of petitioners. 

Measures submitted to the electors shall be indicated by title and 
printed beginning at the top of the first column of the ballot and shall 
bear no party emblem or endorsement. 

Or the General Assembly may provide that each measure submitted 
to a vote of the electors under this article shall be upon a separate bal¬ 
lot without any political party designation. Each such ballot shall be 
given each voter in same manner and at same time as the regular ballot 
is given. Each voter shall return to the election officers such ballot or 
ballots in same manner and at same time as regular ballots are returned. 
The ballots provided for under this article shall be deposited in a ballot 
box which is a different box than that containing the regular ballots. 

Petitions shall be signed in each one of at least a majority of the 
congressional districts of the State by not less than the required. per¬ 
centage of electors as herein provided, and all petitions shall contain the 
full text of the act or bill to be submitted, and each signer of said peti¬ 
tions shall also sign his addres's and occupation. 

The required percentage in each district shall be the respective per¬ 
centages above named of the electors of such district. 

No measure adopted by a vote of the electors shall be subject tO' the 
governor’s veto. 

This amendment shall be self-executing, but the General Assembly 
shall enact laws to determine more precisely the manner of procedure 
in voting for, or rejecting laws. 

Sec. 2. At such election there shall be placed on the ballots the 
words: ‘‘Constitutional amendment. Article II, Section i—Eor Direct 
Legislation—Yes”; “Constitutional amendment, Article II, Section i— 
For Direct Legislation—No.” And electors shall vote by marking their 
ballots with a cross mark in the blank space to the left of and before the 
vote desired to be given and not otherwise. 

Sec. 3. That a proposition be submitted to the electors of this State 
at the next election for members of the General Assembly to amend 
Section 18, Article II of the Constitution of the State of Ohio so as to 
read as follows: 

Sec. 18. The style of the laws of this state shall be: “Be it enacted 
by the people of the State of Ohio.” 


6 


INITIATIVE AND REFERENDUM. 


Sec. 4. At such election there shall be placed on the ballots the 
words: “Constitutional amendment, Article II, Section 18—For Change 
of Style of Enacting Clause of Laws—Yes”; “Constiutional amend¬ 
ment, Article II, Section 18—For Change of Style of Enacting Clause 
for Laws—No.” And the electors shall vote thereon by marking their 
ballots with a cross mark in the blank space to the left of and before 
#the vote desired to be given and not otherwise. 

The Senate refused to concur in the House amendments. The reso¬ 
lution then went to a conference commiittee, which failed to agree. 


JOINT RESOLUTION. * 

Introduced in General Assembly January, ^909. 

The following joint resolution was introduced in the Ohio Senate 
by Hon. Isaac E. Huffman, and in the House by Hon. Cornell .Schreiber: 

Be it Resolved by the General Assembly of the State of Ohio: 

That a proposition be submitted to the electors of this State at the 
next election for members of the General Assembly, to amend Section 
I of .Article H of the Constitution of the State of Ohio so as to read as 
follows: 

Article H. 

Section i. The legislative power of this State shall be vested in a 
General Assembly, which shall consist of a Senate and a House of Repre¬ 
sentatives.; but the electors reserve the right to enact or reject at the polls 
any law or part of a law which has been passed by the General Assembly, 
or any proposed law which having been introduced by a member of the 
General Assembly, has failed to pass, or, having passed, has been vetoed 
by the Governor, or has not been passed by the General Assembly without 
amendment. 

No law or part of a law passed by the General Assembly (except such 
laws as are necessary for the immediate preservation of the public peace, 
health or safety and which are termed emergency measures, and which 
shall require a two-thirds vote of each house), shall become operative in 
less than ninety days after the adjournment of the session of the General 
Assembly at which the act was passed. 

If, before the expiration of ninety days after the adjournment of 
any session of the General Assembly, petitions are filed with the Secretary 
of State, signed by five per cent, of the electors of the State, requesting a 
popular vote upon any act or part of an act of such session of such Gen- 

*This resolution was materially amended in the House, which it passed March 3rd by a vote of 
98 to 17 . It then went to the Senate, where it was further amended and brought to a vote March 
9th, but failed to receive the requisite majority for submission to the people. 




INITIATIVE AND REFERENDUM. 


7 


eral Assembly, the same shall be submitted for the approval or rejection 
of the electors of the State at the first election held on the first Tuesday 
after the first Monday in November thereafter, which occurs thirty days or 
more after the filing of said petitions, and all acts or parts of an act upon 
which a popular vote is required shall remain in abeyance until such vote 
is taken. 

If not less than 45 days before any election occurring on the first 
Tuesday after the first Monday in November, petitions are filed with the 
Secretary of State, signed by ten per cent, of the electors of the State, 
requesting a popular vote upon any measure introduced by any member 
of the General Assembly at the last preceding session of the General As¬ 
sembly, which has failed to pass, or, having passed, has been vetoed by 
the Governor or has not been passed by the General Assembly without 
amendment the same shall be submiitted for the approval or rejection of 
the electors of the State at such election. 

Any act passed by the General Assembly and submitted to a direct 
vote shall take efifect and become a law unless a majority of the votes 
cast thereon are cast against such act and any measure rejected by the 
General Assembly, or passed by the General Assembly and vetoed by 
the Governor, or not passed by the General Assembly without amend¬ 
ments, and which is submitted to a direct vote, shall take effect and be¬ 
come a law ji a majority of the votes cast thereon are cast for such 
measures. 

The Secretary of State shall within sixty days after such election can¬ 
vass the vote and the result thereof and shall transmit the same to the 
Governor; the Governor shall, within ten days after the transmilission of 
the result to him by the Secretary of State, issue a proclamation of the 
result of the vote, and the act of the electors in the vote on rejecting or 
enacting laws shall take effect at the expiration of ten days from date of 
such proclamation unless said proposed law shall expressly provide that 
it shall take effect at a later date. 

The whole number of votes cast for the office of Governor at the 
State election last preceding the filing of petitions shall be the basis on 
which to determine the required number of petitioners. 

Measures submitted to the electors shall be indicated by title and 
printed upon the ballot in such manner as may be required by law. 

No measures adopted by vote of the electors shall be subject to the 
Governor’s A^eto. 

This amendment shall be self-executing, but the General Assembly 
shall have the power to enact laws to determine more precisely the pro¬ 
cedure in voting for or rejecting laws. 

Section 2. At such election there shall be placed on the ballots 
the words: ‘‘Constitutional Amerudment, Articlb II, Section i, for 
Initiative and Referendum—YES.” “Constitutional Amendment, Ar¬ 
ticle II, Section i, For Initiative and Referendum—NO.” And the elec- 


8 


INITIATIVE AND REFERENDUM. 


tors shall vote thereon by marking their ballots in such manner as may 
be provided by law. 

Section 3. That the General Assembly agrees to an amendment 
to be submitted to the electors of this State at the next election for the 
members of the General Assembly to amend Article XVI of the Constitu¬ 
tion of the State of Ohio by adding thereto an additional section, which 
shall be Section 4 and which shall read as follows: 

Article XVI. 

Section 4. Whenever petitions are filed with the Secretary of 
State, signed by fifteen per cent, of the electors of the State, and request¬ 
ing a popular vote upon a proposed constitutional amendment, which 
proposed constitutional amiendment shall be printed in full upon such pe¬ 
titions, such proposed constitutional amendment shall be submitted to 
the electors for their approval or rejection, at the first election held on 
the first Tuesday after the first Monday in November thereafter, which 
occurs seven months or more after the filing of such petitions; and such 
proposed amendments shall become a part of the Constitution if a ma¬ 
jority of the votes cast thereon are cast for such amendment. 

Section 5. At such election there shall be placed on the ballots the 
words: ‘‘ Constitutional Amendment, Article XVI, Section 4, Amend¬ 

ment of Constitution by “Initiative and Referendum—YES.” “Constitu¬ 
tional Amendment, Article XVI, Section 4, for Amendment of Constitu¬ 
tion by Initiative and Referendum—NO.” And the electors shall vote 
thereon by marking their ballots in such manner as may be provided 
by law. 

Oregon. 

The people of Oregon have had three general elections since the in¬ 
stitution of direct legislation in that State. At the first election, in 1904, 
they used the initiative on two bills. At the next election, in 1906, they 
used the initiative to secure the submission of five constitutional amend¬ 
ments and five statute laws, and they also invoked the referendum on one 
act of the legislature. At the election of 1908 nineteen measures were 
voted upon. Of these, as arranged in this leaflet, the first four were “re¬ 
ferred to the people by the legislative assembly.” On the four following 
the “referendum was ordered by petition of the people.” The remaining 
eleven were “proposed by initiative petition.” 

At this election the people instructed their representatives to vote 
for United States Senator, with the following result: 


I. H. Amos, Prohibitionist._ 3,787 

H. M. Cake, Republican._ 50,899 

Geo. E. Chamberlin, Democrat_ 52,421 

J. C. Cooper, Socialist._ 5,257 






INITIATIVE AND REFERENDUM. 


9 


While the instructions \vere for a Democratic candidate, the General 
Assembly chosen at this election was strongly Republican in both branches. 
The instructions were obeyed and Hon. Geo. E. Chamberlain was elected 
United States Senator. 

The following table gives the votes on measures since the introduction 
of direct legislation in Oregon and shows what percentage of the total 
vote for candidates was cast on each measure: 


ELECTION 1902. 

Total Vote 92,920. 

Original Initiative and Refer¬ 
endum Amendment._ 

ELECTION 1904. 

Total Vote 99,315. 

Local Option Liquor Bill- 

Direct Primary Bill._ 

ELECTION 1906. 

Total Vote 96,751. 

Woman Suffrage Amendment 

Amendment applying Initia¬ 
tive and Referendum to acts 
of Legislature affecting Con¬ 
stitutional conventions and 
amendments_ 

Amendment to give cities and 
towns exclusive power to en¬ 
act and amend their charters 

Amendment affecting compen¬ 
sation of state printer._ 

Amendment for Initiative and 
Referendum on all local, 
special and municipal laws.. 

Bill proposing change in Local 
Option Law_ 

Bill for state-ownership of a 
toll road__ 

Anti-Pass Bill.- 


Yes 

No 

Majority- 

Approv¬ 

ing 

Majority 

Reject¬ 

ing 

Per cent- 
age of To¬ 
tal Vote 
for Cand. 

62,024 

5,668 

1 

56,356 


73 

43,316 

40,198 

3,118 


84 

56,205 

16,354 

39,851 


73 

36,928 

46,971 


10,043 

87 

47,661 

18,751 

28,910 


69 

52,567 

19,942 

32,625 

— 

75 

63,749 

9,571 

54,178 


76 

47,778 

16,735 

31,043 


67 

35,397 

45,144 


9,747 

83 

31,525 

44,525 


13,000 

79 

57,281 

16,779 

40,502 


76 


































10 


INITIATIVE AND REFERENDUM. 


Bill for license on gross earn¬ 
ings of sleeping, refrigerator 
car and oil companies_ 

Bill for license on gross earn¬ 
ings of express, telegraph 
and telephone companies __ 

Referendum to veto an act of 
Legislature_ 

ELECTION 1908. 

Total Vote 116,614. 


Amendment increasing com¬ 
pensation of members of the 
General Assembly_ 

Amendment relating to loca¬ 
tion of State Institutions. __ 

Amendment increasing the 
number of judges of the 
supreme court and making 
other changes relative to 
the judiciary._ 

Amendment changing time of 
holding general elections 
from June to November_ 

Bill relative to the custody 
and employment of county 
prisoners_ 

Bill providing for free trans¬ 
portation of public officers .. 

Bill proposing the building of 
armories for the national 
guard _ 

Amendment to increase ap¬ 
propriation for state univer¬ 
sity. _ 

Woman Suffrage Amendment 

Bill prohibiting fishing for sal¬ 
mon or sturgeon on Sunday 
and at night in certain 
months of the year_ 

Amendment giving power to 
cities and towns to regulate 
race tracks, pool rooms, sale 
of liquor, etc._ 


Yes 

No 

Majority 

Approv¬ 

ing 

1 

Majority 

Reject¬ 

ing 

Per cent- 
age of To¬ 
tal Vote 
for Cand. 

69,635 

6,440 

63,195 


79 

70,872 

6,360 

64,512 


80 

26,758 

43,918 


17,160 

73 

19,691 

68,892 


49,201 

76 

41,975 

40,868 

1,107 


71 

30,243 

50,591 


20,348 

69 

65,728 

18,500 

47,138 


72 

60,443 

30,033 

30,410 


78 

28,856 

59,406 


30,550 

76 

33,507 

54,848 

• 

21,341 

76 

44,115 

40,535 

3,580 


72 

36,858 

58,670 


21,812 

82 

46,582 

40,720 

5,862 


75 

39,442 

52,346 


12,904 

79 












































INITIATIVE AND REFERENDUM. 


11 



Yes 

No 

Majority 

Approv¬ 

ing 

Majority 

Reject¬ 

ing 

Per cent- 
age of To- 
tol Vote 
for Cand. 

Amendment exempting prop¬ 
erty improvements from 
taxation_ 

32,066 

58,381 

69,668 

48,868 

60,871 

31,002 

21,162 


28,805 

80 

77 

Amendment providing for the 
recall, i. e., the removal of a 
public officer by vote of the 
people and the election of 
his successor _ _ ___ 

27,379 

48,506 

14,740 

Bill providing for election of 
United States senators by 
vote of the people _ _ _ 


78 

Amendment providing for pro¬ 
portional representation_ 

34,128 


71 

Bill limiting expenditure of 
money in political cam¬ 
paigns. _ _ 

54,042 

56,130| 

31,301 

30,2801 

22,741 

25,850 

1 


73 

Bill regulating salmon fishing. | 


74 

Amendment providing for 



1 



choosing of jurors, etc_ 

52,214 

28,487 

1 

23,727 


69 

Bill providing for the creation | 


1 




of the county of Hood River | 

43,948 

1 1 

26,7781 

1 1 

17,170 

1 

61 
































12 


INITIATIVE AND REFERENDUM. 


BIBLIOGRAPHY. 


(When a book or magazine article is favorable to the initiative and refer¬ 
endum that fact is indicated by the letter F; if it presents the opposite view, 
that is indicated by the letter A. Where no letters are used no decided pref¬ 
erence is expressed.) 


Books and Pamphlets. 

Carey, Charles H. New responsibilities of citizenship. 1908. A. 321.4 C 18 

Qalbreath, C. B. Initiative and referendum. 1908. 321.4 G 13 

A pamphlet containing an extended bibliography and full text of the 
constitutional provisions of all states that have adopted the initiative 
and referendum. 

James, F. B. The abnormal in law making. 1908. A. 321.4 J 23 

Oregon. Secretary of State. A pamphlet containing a copy of all measures 
“referred to the people by the legislative assembly,’’ “referendum ordered 
by petition of the people’’ and “proposed by initiative petition.’’ 1908. 

321.4 Or3 

Shuler, Carl F. Address before the Ohio House of Representatives on the initiative 
• and referendum. 1908. A. 321.4 Sh 9 


ARTICLES IN PERIODICALS. 

General. 

Albertson, R. Initiative and referendum news. (See monthly numbers of 
the Arena since January, 1908.) F. 

Direct legislation and popular government. (Arena. 1908. v. 39, p. 608-11.) F. 
Experiments in democracy. (Outlook. 1908. v. 89, p. 831-2.) 

Responsible government. (Outlook.' 1908. v. 89, p.363-4.) 

Thacher, G. A. Initiative and referendum. • (Independent. 1908. v. 64, 
p. 1191-5.) F. 


United States. 

Albertson, R. Oregon election. (Arena. 1908., v. 40, p. 245-6.). F. 

Appeal to friends of popular government. (Arena. 1908. v. 39, p. 449-55.) F. 

Campaign against popular rule in Oregon. (Arena. 1908. v. 39, p. 451-5.) F. 

Coutts, W. A. Is a provision for the initiative and referendum inconsistent with the 
constitution of the United States? (Michigan Law Review. 1908. v. 6, 
p. 304-17.) F. 

De Cou, E. E. Oregon; the home df direct legislation. (World To-Day. 1908. 
V. 15, p. 857-60.) 

Direct legislation movement. (Independent. 1908. v. 64, p. 595-6.) 



INITIATIVE AND REFERENDUM. 


13 


Flower, B. O. Direct legislation campaign in the empire state. (Arena. 1908. 
V. 39, p. 650-61.) F. 

Initiative and referendum in Oregon. (Review of Reviews. 1908. v. 38, p. 21. 

Leubuscher, F. C. Proposed direct-legislation constitutional amendment for 
New York. (Arena. 1908. v. 39, p. 661-5.) F. 

Mackenzie, W. D. Direct vote system. (Arena. 1908. v. 39, p. 131-41.) F. 

Owen, R. L. Restoration of popular rule. (Arena. 1908. v. 39, p. 643- 
50.) F. 

Paine, R. T., Jr. Lincoln’s ideal carried out in Oregon. (Arena. 1908. v.40, 
p. 283-6.) F. 

Piper, Kingsbury P. The victorious campaign for direct legislation in Maine. 
(Arena. 1908. v. 40,,p. 546-51.) F. 

Sanborn, J. B. Popular legislation in the United States; the value of the sys¬ 
tem. (Political Science Quarterly. 1908. v. 23, p. 587-603.) A. 

Sherwood, T. A. The initiative and referendum under the United States consti¬ 
tution. (Central Law Journal. 1903. v. 56, p. 247-51) A. 

Shibley, G. H. Initiative and referendum in practical operation in Oregon. 
(Arena. 1908. v. 40, p. 142-50.) F. 

-Taft and Lodge as upholders of machine-rule. (Arena. 1907. v. 38, 

p. 515-9.) F. 

Singular political situation in Oregon. (Outlook. 1908. v. 89, p. 313-4.) 

Steffens, J. L. U’Ren, legislative blacksmith, of Oregon. (American Mag¬ 
azine. 1908. V. 65, p. 527-40.) F. 

Thacher, G. A. The initiative and referendum in Oregon. (Proceedings of 
the American Political Science Association. 1908. v. 4, p. 198-221.) F. * 

-Oregon election. (Independent. 1908. v. 64, p. 1444-7.) F. 

Triumphant democracy in Oregon. (Arena. 1908. v. 40, p. 239-41.) F. ' 

U’Ren, W. S. Results of the initiative and referendum in Oregon. (Pro¬ 
ceedings of the American Political Science Association. 1908. v. 4, 
p. 193-7.) F. 

Switzerland. 

Direct legislation. (Arena. 1908. v. 40, p. 241-2.) F. 

Success of direct legislation in Switzerland. (Arena. 1908. v. 39, p. 618-9. F. 

Vrooman, C. ^S. Political pilgrimage. (Arena 1908. v. 40, p. 411-4.) F. 

Great Britain. 

Harris, S. H. Will of the people. (Westminster. Review. 1907. v. 168, 
p. 675-90.) F. 


Printed material favorable to the initiative and referendum may be had by_ addressing George 
H Shibley, President of the Initiative and Referendum League of America, Bliss Building, Wash¬ 
ington D C or Herbert S. Bigelow, Cincinnati, Ohio. Material and editorial comment against the 
initiative’and referendum maybe had from W. D. McKinney, Secretary of the Representative ^Gov¬ 
ernment League, Columbus, Ohio. For texts of initiative and referendum constitutional provisions 
and lists of books and articles on the subject address C. B. Galbreath, State Librarian, Columbus, 
Ohio. 















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